- Followed — SPM (R on the application of) v Secretary Of State For The Home Department 2023-07-04
“… fundamental rights, and in this case the breach of those rights invalidated the detention. The appellant relied on the following passage from R (Lumba) v SSHD [2011] UKSC 12; [2012] 1 AC 245 per Lord Dyson JSC at [65]:…”
- Cited — The Good Law Project, R (on the application of) v The Prime Minister & Ors 2022-12-01
“…s that the executive should comply with its policies unless there was good reason not to do so: see R (WL(Congo)) v. Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245, and Mandalia at [29]-[31]. It was, however, also common ground at the conclusion of the hearing that not every failure by the executive witho…”
- Approved — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…ardial Singh, at p. 706, have been approved in many cases subsequently, including by the Supreme Court in R (Lumba) v Secretary of State for the Home Department[2011] UKSC 12; [2012] 1 AC 245, at para. 30, where Lord Dyson JSC said that those principles reflect the basic public law duties to act consistently with the statutory purpo…”
- Cited — Lopes, R (On the Application Of) v Secretary of State for the Home Department & Anr 2021-05-27
“…In Lumba v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245, the Supreme Court held, among other things, that a decision-maker who adopts a policy governing the exercise of a statutory discretion must p…”
- Cited — MR (Pakistan) & Anor v Secretary of State for Justice & Orse 2021-04-14
“…uthority to justify it”, see R v Deputy Governor of Parkhurst Prison ex p. Hague [1992] AC 58 at 162D and R(Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] AC 245 at paragraph 65.…”
- Cited — Rees v Commissioner of Police of the Metropolis 2021-01-20
“… may not even be before the court, then an award of exemplary damages may not be appropriate at all: see R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1AC 245, at paragraph 167 of the judgment of Lord Dyson. But the present is not such a case.) Overall, I see no reason for a court being required in a …”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…uthority to justify it”, see R v Deputy Governor of Parkhurst Prison ex p. Hague [1992] AC 58 at 162D and R(Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] AC 245 at paragraph 65.…”
- Followed — ZA (Pakistan), R (On the Application Of) v The Secretary of State for the Home Department 2020-02-12
“…he judge referred to those principles as expressed by Lord Dyson in his judgment in the Supreme Court in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12 at [22] as follows:…”
- Cited — ASK, R (On the Application Of) v The Secretary of State for the Home Department 2019-07-16
“…Of the administrative power to detain, Lord Dyson JSC said in R (Lumba) v Secretaryof State for the Home Department [2011] UKSC 12; [2012] 1 AC 245 (“Lumba”) at [34]:…”
- Cited — TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department 2019-05-03
“…In R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245 (“Lumba”) foreign nationals against whom deportation orders had been made, and who had been detained under immigration powers, successfully ch…”
- Cited — Hameed & Anor, R (On the Application Of) v Secretary of State for the Home Department 2019-03-18
“… of reoffending or absconding etc), could not be justified. He thus submitted that, on the principles of R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 24, the respondents were entitled to damages for wrongful detention accordingly.…”
- Cited — Guled, R (On the Application Of) v The Secretary of State for the Home Department 2019-02-12
“…1 and the cases of Anisminic Limited v Foreign Compensation Commission [1969] 2 AC 147, Boddington v British Transport Police [1999] 2 AC 143, R (Lumba) v SSHD [2011] UKSC 12 and R (George) v SSHD [2014] UKSC 28…”
- Cited — Parker v The Chief Constable of Essex Police 2018-12-11
“…was entitled to nominal damages only. The principle is derived from the decision of the Supreme Court in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12 (“Lumba”) subsequently analysed in two further decisions, namely that of the Supreme Court in R (Kambadzi) v Secretary of State for the Home Department [2011] …”
- Followed — The Secretary of State for the Home Department v Lucas, R (On the Application Of) 2018-11-16
“…wer to detain under paragraph 2(3) of Schedule 3. Over time, these principles have become honed; and, in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245 at [22], Lord Dyson JSC summarised them in four propositions, as follows:…”
- Cited — Secretary of State for the Home Department v G (Algeria) 2018-11-08
“… case since he did not fall within its terms. She relied on the well-known observations of Lord Dyson in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245, about the need for a policy relating to detention to be transparently identified through formulated policy statements. Collins J did not rega…”
- Explained — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…propriate to exercise a power of immigration detention pending removal of an individual from the UK: see R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245, [106]-[108] and [121] (Lord Dyson JSC). However, it also has a bearing on the risk of absconding, as explained in Lumba at [109] by Lord Dyso…”
- Followed — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…As summarized in R (I) v SSHD [2003] INLR 196 at [46] (and affirmed in R (Lumba) v SSHD [2011] UKSC 121, AC 245, at [171]), the Hardial Singh principles are as follows:…”
- Approved — Kamara v London Borough Of Southwark 2018-07-12
“…This statement was approved by the Supreme Court in Lumba v Secretary of State for the Home Department [2011] UKSC 12 at [36] (per Lord Dyson JSC), another case concerned with the application of an unpublished policy.…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…A Civ. 888, [2003] INLR 196 at [46], repeated by him in the Supreme Court in Lumba and Mighty v Secretary of State for the Home Department(Justice intervening) [2011] UKSC 12, [2012] 1 AC 245 at [22] (“Lumba’s case”), with the agreement of a majority of the court. It was also endorsed by Lord Wilson in R (O) v Secretary of State for…”